ss. 52, 53(aa). Alleged misleading or deceptive conduct, misrepresentations
June 2003: TWM contracted ASEMA to test a trolley jack. ASEMA agreed to test the jack for compliance with Australian Standard AS/NZS 2615:1995.
Following testing, ASEMA issued a ‘compliance certificate’ to TWM. The compliance certificate issued by ASEMA stated among other things: ‘This Trolley Jack meets the requirements of Clause 6—Performance of Australian Standards AS/NZS 2615:1995’.
6 September 2004: ASEMA International Pty Ltd has provided court enforceable undertakings to the ACCC after falsely representing that its testing services were of a particular standard for its testing of the TWM trolley jacks. The ACCC had considered that ASEMA had engaged in misleading or deceptive conduct and falsely represented that their testing services were of a particular standard for its testing of the TWM trolley jacks which were the subject of Federal Court proceedings.
ASEMA has given court enforceable undertakings that it will:
not use the words ‘compliance certificate’ when issuing test certificates
ensure that all test certificates issued will include all assumptions made and the context of the testing
implement and maintain a trade practices compliance program.
